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Home My WebLink AboutProvisional Adoption of Ordinance No. 1755, UDO Text Amendment Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Andy Epple, Director of Planning and Community Development Chris A. Kukulski, City Manager SUBJECT: Ordinance No. 1755 – a Unified Development Ordinance (UDO) Text Amendment to Modify Level of Service (LOS) Standards for Intersection Improvements Required in Conjunction with Development Proposals MEETING DATE: Monday, January 5, 2009 @ 6:00 p.m. RECOMMENDATION: That the City Commission provisionally adopt Ordinance 1755 on first reading, and directs staff to bring back for second reading and final adoption on January 20, 2009. BACKGROUND: On December 15, 2008, the City Commission conducted a public hearing on this proposed text amendment to the UDO, and unanimously voted “…to approve Text Amendment Application #Z-08267 with two additional items for inclusion in the ordinance, per Zoning Resolution #Z-08267 and direct Staff to address Commission discussion in a staff report or in the body of the ordinance when it comes back for first reading.” The two additional items per Zoning Commission Resolution #Z-08267 pertained to: 1) requiring SID waivers for intersection improvements from property developers who, per this ordinance, would otherwise not need to prepare a Traffic Impact Study; and 2) providing a definition of the term “adaptive reuse.” The items discussed by the Commission during the hearing, and referenced in its motion, pertained to: a) including Urban Renewal Districts in the ordinance, as an additional area where the need to study traffic impacts may be relaxed; and 2) to clarify how “tear downs” or “scrapers” in such districts should be dealt with in the face of redevelopment proposals. All of these issues have been addressed in the attached Ordinance 1755, and are highlighted in turquoise for your reference. Language in the Ordinance highlighted in yellow reflects those items which had originally been proposed for amendment, prior to Zoning Commission and City Commission action on the subject. UNRESOLVED ISSUES: None identified at this time ALTERNATIVES: As determined by the Commission. FISCAL IMPACTS: None identified. 274 Respectfully Submitted, _________________________________ _______________________________ Andy Epple, Director of Planning Chris Kukulski, City Manager Attachments: Ordinance No. 1755 memo prepared: 12/30/08 275 ORDINANCE NO. 1755 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING TITLE 18 OF THE BOZEMAN MUNICIPAL CODE (THE UNIFIED DEVELOPMENT ORDINANCE) TO MODIFY THE LEVEL OF SERVICE (LOS) STANDARDS FOR INTERSECTION IMPROVEMENTS REQUIRED IN CONJUNCTION WITH DEVELOPMENT PROPOSALS. WHEREAS, the proposed Unified Development Ordinance text amendment application to modify the level of service (LOS) standards for intersection improvements required in conjunction with development proposals has been properly submitted, reviewed and advertised; and WHEREAS, the Bozeman Zoning Commission held a public hearing on December 2, 2008 to receive and review all written and oral testimony on the request for a Unified Development Ordinance text amendment; and WHEREAS, upon a vote of 4-0 the Bozeman Zoning Commission recommended to the Bozeman City Commission that the Unified Development Ordinance text amendment be approved with two additional requirements: 1) to include a requirement for a Waiver of Right to Protest or other agreement for future inclusion in improvements to the intersection in question; and 2) to include a definition of “adaptive re-use” in the Unified Development Ordinance; and WHEREAS, after proper notice, the City Commission held it’s public hearing on December 15, 2008, to receive and review all written and oral testimony on the request for a zone text amendment; and WHEREAS, the City Commission has reviewed and considered the twelve Unified Development Ordinance text amendment criteria established in Section 1 276 76-2-304, M.C.A., and found the proposed Unified Development Ordinance text amendment to be in compliance with the twelve criteria; and WHEREAS, at its public hearing held on December 15, 2008, the City Commission found that the proposed Unified Development Ordinance text amendment would be in compliance with Bozeman’s adopted growth policy and would be in the public interest. NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of Bozeman, Montana, upon a vote of 5-0, that: Section 1 Chapter 18.44 of the Unified Development Ordinance be amended as follows: Section 18.44.060 STREET IMPROVEMENT STANDARDS, Subsection D. Level of Service Standards D. Level of Service Standards. Streets and intersection level of service “C” shall be the design and operational objective, and under no conditions will less than level of service “D” be accepted. All arterial and collector streets, and movements on intersection approach legs designated as arterial or collector streets, shall operate at a minimum level of service “C”. Level of Service (LOS) values shall be determined by using the methods defined by the Highway Capacity Manual – 2000. A development shall be approved only if the LOS requirements are met by the developer through mitigation measures. The design year for necessary improvements shall be a minimum of fifteen years following construction of said improvements. Movements on intersection approach legs designated arterial or collector streets shall be evaluated as follows: 1. Signalized intersections shall have a minimum acceptable LOS of “C” for the intersection as a whole; individual movement and approach leg LOS lower that “C” shall be allowed such that the total intersection LOS is a “C” or higher; 2. Unsignalized intersections shall have a minimum acceptable LOS of “C” for the intersection as a whole for four-way stop controlled; individual movement and approach leg LOS lower that 2 277 higher; 3. Two-way stop-controlled (TWSC) intersections shall have a minimum acceptable LOS of “C” or higher for the stop controlled, minor legs; and 4. An intersection with a roundabout shall have a minimum acceptable LOS of “C” or higher for the intersection as a whole. Section 2 Chapter 18.78 of the Unified Development Ordinance be amended as follows: Section 18.78.060 ADDDITIONAL SUBDIVISION PRELIMINARY PLAT SUPPLEMENTS, Subsection L.6. Traffic Generation b.(3) 6. Traffic Generation. Discuss how much daily traffic will be generated on existing local and neighborhood streets, roads and alleys, when the subdivision is fully developed, and provide the following information. a. The report format shall be as follows: (1) Trip generation, using the Institute of Transportation Engineers Trip Generation Manual; (2) Trip distribution; (3) Traffic assignment; (4) Capacity analysis; (5) Evaluation; and (6) Recommended access plan, including access points, modifications and any mitigation techniques. b. The report shall include the following information: (1) Land use and trip generation in the form of a table of each type of land use, the number of units or square footage, as appropriate, the trip rates used (daily and peak) and resulting trip generation. (2) Traffic graphics, which show: (a) AM peak hour site traffic; (b) PM peak hour site traffic; (c) AM peak hour total traffic; (d) PM peak hour total traffic; (e) Total daily traffic (with site generated traffic shown separately). (3) AM and PM capacity analysis with an AM and PM peak hour capacity analysis provided for: (a) All major drive accesses that intersect collector or arterial streets or roads; and 3 278 (b) All arterial-arterial, collector-collector and arterial-collector intersections within one mile of the site, or as required by the Director of Public Service City Engineer during the pre- application review, concept plan review, or informal project review . Section 3 Chapter 18.78 of the Unified Development Ordinance be amended as follows: Section 18.78.080 SITE PLAN SUBMITTAL REQUIREMENTS, Subsection B. Site Plan Information 9. 9. The information required by §18.78.060.L, BMC, unless such information was previously provided through a subdivision review process, or the provision of such information was waived in writing by the City during subdivision review of the land to be developed, or the provision of such information is waived in writing by the City prior to submittal of a preliminary site plan application; 9. The information required by §18.78.060 L., BMC, subject to the following exceptions: a. Such information was previously provided through a subdivision review process; or b. The provision of such information was waived in writing by the City Engineer during subdivision review of the land to be developed; or c. The provision of such information is waived in writing by the City Engineer prior to submittal of a preliminary site plan application; or d. The application for site plan approval involves the redevelopment of property located within the City’s established Neighborhood Conservation Overlay District. In such cases, the City may require the property owner to sign a Waiver of Right to Protest Creation of a Special Improvement District, or other form of agreement, assuring participation, on a fair share, pro-rata basis, in future improvements to intersections in the vicinity of the development proposal; or e. The application for site plan approval involves the adaptive reuse of an existing building, regardless of its location within the City, or the redevelopment of a property located within 4 279 one of the City’s Urban Renewal Districts. In cases where an existing building or complex of buildings is to be torn down and replaced with a larger building or complex of buildings, the City Engineer may require the information described in Section 18.78.060 L. to evaluate the additional traffic impacts resulting from development of the larger building or complex of buildings Section 4 Chapter 18.80 of the Unified Development Ordinance be amended as follows: 18.80.035 ADAPTIVE REUSE The development of a new use for an older building or for a building originally designed for a special or specific purpose. Section 5 The effective date is thirty days after final adoption of this ordinance on second reading. PASSED by the City Commission of the City of Bozeman, Montana, on first reading, at a regular session thereof held on the ____ day of ___________________ 2009. ______________________ KAAREN JACOBSON MAYOR ATTEST: ______________________ STACY ULMEN CITY CLERK 5 280 6 PASSED, ADOPTED AND FINALLY APPROVED by the City Commission of the City of Bozeman, Montana, on second reading, at a regular session thereof held on the ____ day of ________________ 200. _______________________ KAAREN JACOBSON MAYOR ATTEST: ______________________ STACY ULMEN CITY CLERK APPROVED AS TO FORM: ______________________ CITY ATTORNEY 281